OCEAN CITY DEVELOPMENT, LLC v. LUIZA BARROS

MISC 16-000010

January 2, 2018

Suffolk, ss.

PIPER, J.

JUDGMENT

Ocean City Development, LLC ("Plaintiff") filed the complaint in this action on January 7, 2016, claiming breach of a contract for the sale of real property, and asking the court to order specific performance of that agreement. Plaintiff seeks judgment against Luiza Barros ("Defendant") enforcing a purchase and sale agreement ("P&S Agreement") entered into by Plaintiff and Defendant on October 21, 2015 to sell a property ("Property") known as and numbered 25 Saint Marks Road, Dorchester, Boston, Suffolk County, Massachusetts. [Note 1] Plaintiff alleged in its complaint that Defendant, when called upon by Plaintiff to execute a deed conveying the Property to Plaintiff in exchange for the agreed price, failed to do so, Defendant claiming that the P&S Agreement was not a binding contract.

This case came on to be tried by the court (Piper, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with that decision, it is

ORDERED and ADJUDGED that the P&S Agreement is a valid contract between Plaintiff and Defendant binding and enforceable in accordance with its terms, as established by the court in its decision. It is further

ORDERED and ADJUDGED that without lawful justification Defendant has refused to perform under the P&S Agreement, and is in breach of the P&S Agreement, and that Plaintiff is entitled to have Defendant specifically perform the P&S Agreement according to its terms. It is further

ORDERED that Defendant specifically perform according to the terms of the P&S Agreement executed on October 21, 2015, as established by the court in its decision, including without limitation by removing all tenants and occupants from the Property, and that Defendant deliver to Plaintiff at the Suffolk Registry of Deeds, in exchange for the agreed purchase price, a valid and effective deed of the Property, on a mutually agreeable date which in no event shall be later than the latest of (a) March 5, 2018, (b) the sixtieth day after the date this Judgment becomes final and (c) the date agreed upon in writing by the parties, through their counsel. It is further

ORDERED and ADJUDGED that no damages, costs, fees, or other amounts, and no further relief, are awarded to any party. It is further

ORDERED and ADJUDGED that this Judgment adjudicates this action in its entirety, as to all parties and claims.

By the Court.

FOOTNOTES

[Note 1] The Property is that described in the deed to Luiza Barros dated April 28, 1997, and recorded with the Suffolk Registry of Deeds in Book 21376, Page 303.